Good evening.

And what will it entail if I don't open the door?
Stanislav

In this case, you are guaranteed to enter the apartment without your consent.

This right is granted to the bailiff by virtue of the law. Within the meaning of Art. 64 FZ "On Enforcement Proceedings"

1. Enforcement actions are those committed by the bailiff-executor in accordance with this Federal law actions aimed at creating conditions for the application of enforcement measures, as well as forcing the debtor to full, correct and timely fulfillment of the requirements contained in the enforcement document. The bailiff-executor has the right to perform the following enforcement actions:
6)
with written permission from the senior bailiff (and in the case of execution of the court order on the settling of the claimant or eviction of the debtor - without the specified permission) enter without the consent of the debtor into the living quarters occupied by the debtor;

And note that it is not at all necessary to obtain a court decision for this.

Can the bailiffs force me to work if I do not pay the debt for a long time?
Stanislav

No. Only a court can enforce you, and then in cases of bringing you to criminal liability with the imposition of punishment in the form of compulsory or corrective labor.

For the purpose of executing a court decision, the bailiff can apply the entire set of enforcement measures.

3. Measures of compulsory execution are:
1) foreclosure on the debtor's property, including cash and securities;
2) levy of execution on periodic payments received by the debtor due to labor, civil or social legal relations;
3) foreclosure on property rights the debtor, including the right to receive payments for enforcement proceedings, in which he acts as a recoverer, the right to receive payments for rent, lease, as well as exclusive rights to the results of intellectual activity and means of individualization, the right to claim under agreements of alienation or the use of the exclusive right to the result of intellectual activity and means of individualization, the right to use the result of intellectual activity or means of individualization, which belongs to the debtor as a licensee;
4) seizure from the debtor of the property awarded to the recoverer, as well as according to the notary's executive inscription in cases stipulated by federal law;
5) the seizure of the debtor's property held by the debtor or third parties in order to execute a judicial act on the seizure of property;
6) an appeal to the registering authority to register the transfer of the right to property, including securities, from the debtor to the claimant in the cases and in the procedure established by this Federal Law;
7) the commission on behalf and at the expense of the debtor of the action specified in the court order, if this action can be performed without the personal participation of the debtor;
8) compulsory check-in of the claimant into the dwelling;
9) forced eviction of the debtor from the dwelling;
10) compulsory release non-residential premises from the presence of the debtor and his property in it;
10.1) forced expulsion from the border Russian Federation foreign citizens or stateless persons;
10.2) compulsory release of the land plot from the presence of the debtor and his property on it;
11) other actions provided for by federal law or executive document.

Good morning! My ex-boyfriend owes the bank money. He is registered with me, but lives elsewhere. The collectors get me. November 22, Friday, at 20-30 came home. I did not let them in, I spoke through the intercom. They said that on Thursday, November 28, bailiffs would come to describe the property. \ "Open, we will leave a notice \". I didn't open it. Early in the morning I decided to look at the mailbox, there was nothing, but there was a sheet in the next one, I thought the mailbox was confused. On the sheet there was an appeal to the neighbors: do not miss it, I (the name of the roommate) and my family provide various intimate y! servants: followed by a large list, address, telephone. At 11-30 I left the house, the same leaflet was firmly glued to the iron door of the entrance. Questions: 1. Should I write a statement to the police? 2. Do I have the right not to let the bailiffs? 3. Can they open my door without my consent; when I'm not at home; before they could come on the basis of the court, but as now. 4. I live in Serpukhov, should the bailiffs be from Serpukhov or from Moscow too? 5. Can I request the participation of the local police, as? I'm afraid it might be mummers. 6. And how the question of property will be resolved: what is whose, his, mine. I have a Khrushchev-kopeck piece. My 28-year-old son is also registered in it. The furniture is minimal. One TV, one refrigerator. Thanks. With respect, Nadezhda.

Answer

Hello Nadezhda. First of all, I would like to note that the bailiff NEVER will not leave information about you to other people. In this regard, you really have reasonable doubts as to whether the real bailiff intends to come to your house.

Do you have the right to prevent bailiffs from entering the apartment? According to clause 2 of article 12 of the Federal Law of July 21, 1997 No. 118-FZ "On bailiffs", the bailiff-executor has the right to enter the premises, occupied or owned by the debtor, inspect the premises, if necessary, open the premises, and by court ruling perform the specified actions in relation to premises occupied by or owned by other persons. That is debtor is not entitled to obstruct the bailiff-executor to enter the premises. Since the debtor does not live in your apartment, but is only registered, then you have the right not to let the bailiff-executor into your apartment until there is a court ruling on the basis of which the bailiff-executor has the right to enter the apartment. But be prepared for the bailiff to try to enter the apartment. Enlist in advance the support of persons who could confirm that the debtor (former cohabitant) does not live in the apartment.

From which area should the bailiff-executor be. You can only come to the bailiff, who is in charge of enforcement proceedings on the collection of funds. If the enforcement proceedings are initiated, for example, by the bailiff of the bailiff department located in Moscow, then the bailiff from the bailiff department located in Serpukhov may come to you, but at the same time, the bailiff must have, on the basis of Article 33 of the Federal Law of 02.10.2007, No. 229-FZ "On Enforcement Proceedings", an order from the Moscow bailiff-executor, on the basis of which the bailiff-executor acts.

Can you request the involvement of the local police? You can, of course, but at the same time the police officer is not obliged to be present at your request. But you can independently establish whether a real bailiff came to you or is it just another swindler. How to distinguish a real bailiff from a fake one? The bailiff is obliged to: 1) Introduce yourself (full name, tell from which department of the bailiffs). 2) Present a service certificate established form... 3) Be in official uniform. 4) Have with you a resolution to initiate enforcement proceedings and an executive document on the basis of which enforcement proceedings were initiated. 5) If the bailiff-executor commits any actions (for example, draws up an act of inventory and seizure of property), then a copy of the act must be given to you. In the event of inventory, seizure or seizure of property v mandatory witnesses are present. Before you let the bailiff-executor into the apartment, check the above 4 points. At the same time, do not be lazy to call the bailiff department, in which, according to the bailiff of the executor, he serves and make sure that there is such a bailiff in this department, if there is, then ask to call the bailiff to the phone. If the bailiff is absent, then find out the reason for the absence. If you have the slightest doubt that the bailiff is real, call the police. If at least one of the first four points is not met, call the police. Even if an error occurs and the bailiff turns out to be "real", it is easier for a person to apologize than to subsequently contact the police with a statement of fraud. And remember, since you are not a debtor, the bailiff has to enter your apartment only on the basis of a court ruling.

How will the property issue be resolved? The bailiff-executor will indeed have the right to establish the property belonging to the debtor, followed by an inventory and seizure of the property or the seizure of this property (an act on the commission of these actions is compiled without fail). If there is no property of the debtor in the apartment, then be prepared, if necessary, to submit to the bailiff-executor documents on the acquisition of property by you or your son. If the documents have not been preserved, then refer to the testimony of persons who can confirm that the property was acquired by you or your son. If, nevertheless, the property belonging to you is described and arrested (or seized) by the bailiff, then you have the right, on the basis of Article 119 of the Federal Law "On Enforcement Proceedings", to go to court with statement of claim on the release of property from seizure or its exclusion from the inventory.

On live at Periscope on Sunday, I talked about how with just one action you can save property in an apartment from being arrested by bailiffs. Today I will tell you in more detail how you can not let the bailiff when you have nothing to pay the loan with and

If they do not get a response from you, it is possible that they may be charging a fee for the car on your property. County bailiffs are usually reasonable. The only way to end travel is to arrange for some kind of debt settlement agreement. The bailiff must notify in writing 7 days before their first visit.

Can a bailiff enter my house without permission?

Most bailiffs are not allowed to work their way into domestic property, that is, an apartment or house, in order to seize your goods. The only exception is that bailiffs who collect unpaid penalties, tax, or stamp duty may receive an entry warrant, but this is very rare and is usually considered the latter.

One rule for all bailiffs who come to your home

No entry!

Just never open the door to anyone, not even the bailiff... As a child, did your parents teach you not to open doors to unfamiliar uncles and aunts and not to let them into the house? Here is the same thing. Do not open doors to anyone - be they collectors or even bailiffs. You don't even have to figure out who came there - just call the police if someone tries to break into your door and let them figure it out there xy from xy.

All other bailiffs are only entitled to a peaceful entry. This means they cannot use force to enter your home, such as breaking a window or door. They are not allowed to drive past you if you open the door or enter their house by any means other than the door.

They cannot enter your home if only children under 16 or vulnerable people are present. They can enter your property through open door and can climb over fences and gates, but cannot break them. You do not need to let the bailiff into the house. If all your doors and windows are securely closed, they will not be able to gain a peaceful entrance to your home unless you allow them to enter.

Of course, the bailiffs will threaten you with almost execution - that a criminal case will be opened against you, you will face an administrative fine, they will break open the doors and many more scarecrows - I will try to disassemble them in a separate article. But what scares and worries you the most is that they might break the door.

I'll explain to you why they won't. Because it’s very difficult. Highly.

One rule for all bailiffs who come to your home

Bailiffs are well aware of their limited powers and can use a variety of means to enter peacefully. They can try to enter as soon as the door opens. They may ask if they can use your phone to check if the agreement with their office is satisfactory. They may simply ask you if you would like to discuss the issues internally. You don't need to go with any of these methods.

What happens when a bailiff walks into my house?

After they have acquired an entrance to your home, the bailiff will usually try to find and seize any goods that belong to you or to the person named on the warrant. Once in a home, a bailiff has the right to enter all rooms and can open any locked door or closet inside your home. If the bailiff receives a one-time entry once, he has the right to call and enter again even without your permission, i.e. they can break in and remove your items on any subsequent visits.

ATTENTION!!! THIS ARTICLE DOES NOT APPLY WHEN THE PROPERTY HAS ALREADY DESCRIBED AND HAVE BEEN TRANSFERRED FOR RESPONSIBLE STORAGE AND WHEN THE BORDER FULFILLS THE DECISION ON THE DEPLOYMENT OF THE RECOVERER AND THE EXEMPTION OF THE DEBTOR

At first , you need to get permission from the senior bailiff. And this, as a rule, is a serious guy who has a colonel's shoulder straps and has been working for a long time. And now imagine how a bailiff, who changes every 3-6 months, because the work of a dog, can convince a hardened wolf to issue permission to open the doors of the premises? Precisely to convince, because the bailiff must be 150% sure that there is the debtor's property in this room. And if he is not sure and if he does not prove it to the elder, he will never receive the paper. Because the senior in the hat does not want to receive and lose the epaulet.

Any attempt to remove a bailiff from your property after they have received peaceful entry is an assault and you could be sued for him. Once in the house, the bailiff will try to seize your goods in order to sell them at a public auction in order to raise money to pay the debt you owe. The bailiff clearly intends to seize various objects, both orally, and attach a mark to them, or touch them. This is sometimes called "disaster deprivation or commodity emancipation."

What to do if the bailiffs come

Once the bailiff has seized the goods, they have several options. They can either remove the items they have withdrawn immediately from the property to be stored and eventually sold in public auction. Alternatively, they may leave someone on the premises to guard the items that have been seized, or, in the case of bailiffs collecting rent, keep the items seized from your home secure. These last two options are very rarely used.

Secondly , even if the elder was convinced that there definitely is the property of the defaulter of the loan, it is far from the fact that he will issue this permission to break into an ordinary apartment of an ordinary Vasya Pupkin, who is not a malicious evader. But if Vasily was a defaulter of alimony or compensation payments for causing harm to health is another matter. And Vasya just doesn't pay a couple of loans.

The most likely outcome is that bailiff will ask you to sign a "move ownership agreement". If the bailiff is accompanied by the police, they are only there to prevent the violation of the peace. You cannot be arrested for refusing to allow a bailiff in your home.

You cannot go to jail for not paying your debts. However, non-payment municipal tax, child retention, or a judge's court fines can result in jail time if you “deliberately refuse” to pay. This means that magistrates should be satisfied that you have money, but you should not pay. You must be required to attend a magistrates' court “request hearing” before it is decided. This gives you the opportunity to explain why you didn't pay.

Thirdly To break the door - the bailiff, who has a heroically obtained permission in his hands, is obliged to warn you twice against signature that he will break the door. What are these two warnings - 1) the bailiff is obliged to notify about the beginning of enforcement proceedings and 2) the bailiff is obliged to notify that he will arrive for the inventory of the property at the appointed date and time. This is done precisely so that there is no need to break the door. Therefore, you can not sign anywhere, but check the amounts on the website of the bailiffs.

What can a bailiff not accept?

They may even share owned goods though they are not entitled to their partners' share of the goods when they are sold. Bailiffs cannot use the following items. Work tools, goods and other items of equipment necessary for your use in your work, business or vocation, the value of which should not exceed 1 pound sterling, clothing, bedding, furniture, household appliances and items necessary to meet your basic internal needs and your family.

• Goods belonging to someone else.
• You will need to prove that one of you does not belong to you.
• Goods that are sold under a lease or lease.

Fourth In order to break the door, you need to have all of the above and more - the presence of the following people - a district police officer, employees of the Ministry of Emergency Situations and two attesting witnesses.

If the bailiff came to the wrong address - that is, there is no debtor in this room and he is not registered (when you managed to check out) - you can not open and explain nothing at all, except that Vasya Pupkin is not registered here (if you say “ does not live "- there will be misunderstanding, and if you say" not registered "- everything is clear and the bailiffs will leave).

What if the bailiff seizes goods that do not belong to me?

If a bailiff seizes goods that are subject to a purchase agreement, seek immediate advice. If the goods were unlawfully confiscated, the owner of the goods can apply for their return. You will need to get more advice on this.

It is inappropriate to film or hide items before the bailiff visits your home unless the bailiff is renting out. Remember that a bailiff, once granted peaceful access, can return at any time, and if they believe the items were removed or hidden prior to their visit, this is likely to happen.

In short, you can not open the bailiff and without swearing, calmly explain that the children / mother / wife / brother are sleeping and now it is simply inconvenient to let them into the house. Thus, you will be able to maintain normal relations with the bailiff, which will be useful to you later, but not for long, because bailiffs often change. You just do not let you into the apartment and then the next day (or whatever is convenient for you) you go to the bailiffs department for a visit.

How much can a bailiff charge?

There are usually 3 stages in the litigation process. These are listed below, along with their costs. The Enforcement Phase is when a bailiff visits your home or work premises to control goods. The Selling Phase is the removal and sale of items.

You may be able to negotiate a payment plan with a bailiff who will stop you from losing any item. You can offer to pay whatever you can afford weekly or monthly. You should be able to arrange everything over the phone, and if not, through a window or mailbox, so as not to enter the bailiff. If you give money to the bailiffs, ask for a receipt.

You bring copies of documents for the property (sales receipts, warranty coupons) - confirmation that this does not belong to you a copy of the donation agreement, or the storage agreement, or the lease agreement, or you simply write an explanatory note (or the owner of the apartment) that your property is not there. You don't have to do this if you don't plan to come to an agreement with the bailiff on some future points later.

You cannot avoid paying for bailiffs, but you can challenge them if you think they are wrong or excessive. At the court sessions of all bailiffs, you can see how reasonable or excessive they are. This is called a "detailed assessment". If you believe that the bailiff's fees are excessive or inappropriate, you should seek further advice or challenge the matter. Usually the court will have the final say on the matter.

If you receive a notice of enforcement, you usually have at least 7 days to take action and avoid visiting the bailiff. There are several different methods of taking action against the bailiff and terminating the visit, outlined below.

And if after that you invite the bailiff to your place and can give you a description of a couple of unnecessary things, for example, an old TV and a broken kettle, it will be cool in general. They will be pleased and you will not lose much. But this is when you have several loans and there will be new enforcement proceedings and you plan to maintain warm friendly relations with the bailiff.

Dispute over debt if you don't think you need it. You should strive to resolve the dispute with the bailiff and the involved creditor. Lender Negotiation - Ask them to stop the bailiffs and come up with a suitable payment plan to pay off the debt. Make sure you have a realistic payment plan that you can afford.

What bailiffs have no right to take

Provide full payment to your lender. If you can afford to pay the debt in full, do so as soon as possible. You can offer it to your creditors immediately so that you can avoid any high court fees... Contact a debt advisor. If you are not sure what to do, it is worth talking to a debt consultant to find out your options for working with a bailiff or paying off debts.

This is how you can solve the problem with the arrest of your property by the bailiff - you just need to know your rights and not let the bailiff into your home. So, when you have nothing to pay a loan with, you look everywhere for information on how to secure your property from arrest and become more legally savvy. You see, it's all for the best. If the article was useful - share it with your friends using the magic buttons on the left.

Can a bailiff leave the Payment Plan?

Talk to the bailiff - you might try to offer the bailiff some kind of payment that will prevent them from taking your goods. Contact them as early as possible. The bailiff does not always have to accept your offer of payment, even if it seems reasonable to you. This can be for a variety of reasons. They may have been instructed not to accept any offers of return. You could try to negotiate with the lender and ask them to terminate the bailiff.

Loan attorney Pavel Barilo gives advice on how to act in such a situation. The advice is based on many years of experience in helping credit borrowers.

First, in no case should you threaten bailiffs... This will only hurt yourself. remember, that bailiffs- representatives of the authorities, they have police functions. And yet, the bailiff is not obliged to inform you about the time of the visit in advance. You should not try to hide from them, because if you are absent for some time, this does not mean that in relation to you enforcement proceedings will stop, it will be resumed at any time.

What is a walking agreement?

If you are successful in negotiating with the lender, you will still have to pay any court supplies. A walk ownership agreement means that the goods that have been seized now are legally owned by the bailiff and can be removed at any time. However, a bailiff can allow them to stay in your home, and you can continue to use them if you honor your side of the agreement, for example. you make the agreed payments.

In order for the order of possession of the course to be valid, the bailiff had to obtain a peaceful entry into the property and seize the goods. It is not enough for the bailiff to list the items they saw through the window and press the gun ownership order through the mailbox so you can subscribe and return. Under these circumstances, you should never sign a gun ownership order. There is a daily ordering fee that you must pay, in addition to the initial debt you owe if they are to be sold.

Secondly, you can not let the bailiffs home if you have not been properly notified that enforcement proceedings have been initiated against you. This is allowed Federal Law of the Russian Federation "On Enforcement Proceedings" N 229-FZ.

For what reasons debtor may be unannounced? The reasons may be different: the summons was sent to the old address of the debtor, where he does not live, the bailiff may simply not notify the client, but immediately make an inventory of the property, counting on debtor's illiteracy and the factor of surprise.

What is meant by proper notification? The summons must be handed over to the debtor in person or sent by registered mail to his address of residence. If this did not happen, you have the legal right to declare: “I respect you very much, but I cannot let you into the house, since you did not inform me about commencement of enforcement proceedings". Declare your readiness to come to the bailiffs office after the subpoena is served and discuss all problematic issues.

If the bailiffs entered your house, we recommend that you first ask them to introduce themselves and present service identification... Bailiffs are obliged to appear to debtors in uniform and present an official certificate in an expanded form. It is advisable to photograph the documents with a phone, camera, camcorder. In your home, you have the right to do so.

Next, you need to ask: on the basis of what document do the bailiffs intend to describe the property? The document must also be photographed. The bailiff must present to the debtor enforcement order and explain the situation: why he came, on the basis of which document he is acting. The law clearly defines the working hours of the bailiffs - only working days between 6 a.m. and 10 p.m. Only in exceptional cases, bailiffs operate on weekends and holidays, as well as at night with the permission of the authorized person... For example, when the debtor deliberately or repeatedly does not allow bailiffs to enter its territory.

Find out if you have been prosecuted enforcement proceedings can be on the official website Office of the Federal Bailiff Service in the Altai Territory (

In modern life, no matter how you count and plan, no one is immune from debt. For example, the salary was delayed for a couple of days, and at this time the deadline for paying the tax on the existing car has expired, or land plot... And you never know what situations do not happen, for which you just do not have to pay. And always on time. Otherwise, there is a very great danger of getting the status of "debtor". Which is already fraught with various troubles, including a call to the bailiff service. And in some cases, on the contrary, by unexpected visits of employees of this service directly to the home of the defaulter.

But, despite the prevalence of the situation, few people know what the law says about this. For example, what opportunities are presented to bailiffs-executors, and what are debtors guaranteed to be entitled to? To somehow clarify the situation, it is necessary to consider several of the most frequently encountered questions.

The ability to pay without consequences

First of all, it should be remembered that according to the Law "On Enforcement Proceedings", in particular Article 30, each debtor, in respect of whom enforcement proceedings have been initiated, is given time to voluntarily repay the debt. It is determined by the bailiff leading this production, and is counted from the moment the debtor receives the order. But it should be borne in mind that, guided by Article 17 of the Law "On Enforcement Proceedings", the defaulter is deemed to have received a resolution from the moment a copy of the writ of execution is sent to the place of registration of the debtor, or to the indicated address of the place of residence. And regardless of whether the addressee received the decree or not, upon the postal dispatch, he is automatically considered notified of the initiation of enforcement proceedings against him.

Implementation of all specified in writ of execution requirements within a specified time, and according to the law it can be up to five days inclusive, exempts from any additional coercive measures and sanctions. In the event that the debtor, having no opportunity or desire, does not have time to pay the debt in set time, then the payment of the performance fee is added to the number of requirements. The amount of which is 7% of the total debt.

Is it possible not to let the bailiffs into the apartment?

Numerous rumors about the lack of powers of bailiffs are mercilessly refuted in the law "On bailiffs", which quite clearly defines their rights. In accordance with the 12th article of this law, the bailiff has every right to enter any premises owned or simply occupied by the debtor and inspect them. If the debtor prevents access, for example, to an apartment or garage, the bailiff is prescribed the right to open the premises by breaking down doors or gates. Moreover, the presence of the debtor is not at all necessary. The bailiff can visit the dwelling and inspect the property in it without informing the debtor, having only a written permission signed by the senior bailiff. This right is represented by the 6th clause of the 1st part of the 64th article of the law "On Enforcement Proceedings".

In the event of the arrest of property for the purpose of seizure and sale to pay off the debt, in accordance with the same law, namely, part 5 of Article 80, it is necessary to have attesting witnesses who subsequently sign an act of arrest. In addition to the attesting witnesses, such an act must be signed by all those who are in the inventory of the property, including the family members of the debtor, or by himself (if present). At the same time, the refusal of the debtor to sign, according to the law, does not affect the significance of the drawn up document.

It should be noted that the time frame for visits of bailiffs to debtors is strictly stipulated in Article 35 of the Law "On Enforcement Proceedings". According to it, all actions of the bailiffs-executors related to the collection of debts can be carried out exclusively on working days, in the interval from 06.00 to 22.00 local time. The exceptions noted in article 35 of part 3 of the above law are urgent cases that do not allow delay. Collection of financial debts does not apply to such cases.

What property can be seized?

When it comes to the seizure, bailiffs can describe for seizure all the property in the apartment, with the exception of those listed in article 446 of the Civil Procedure Code. Explaining this by the fact that at the place of residence of the debtor, any things can be his own. And if property belonging to other persons falls into the inventory, then on the basis of Article 119 of the Law "On Enforcement Proceedings" they must submit legal action on the exclusion of such property from the inventory and release from the imposed seizure. This claim is required to be confirmed by evidence of ownership of things, for example, contracts, receipts, checks, testimony and others.

The property that is not subject to collection by bailiffs include: things intended for individual use (shoes, clothes, bed linen, etc.); household items, other than jewelry and items considered luxury. In addition, food products and monetary funds, in the amount of not less than the established amount, cannot be seized. living wage the debtor and all his dependents.

Most often, debtors are interested in the likelihood of seizure of the most necessary items, such as a washing machine, refrigerator, computer, kitchen stove. Officers of the bailiff service believe that the refrigerator and stove fall into the category of vital household items and, as a rule, they are not described. The washing machine is a little more complicated: it will not be arrested only if the debtor is disabled, and also if minors live in the house. The computer is, more often than not, subject to arrest. It can be saved only by proving that it is used for work, moreover, official, and is more a tool than entertainment.

With regard to the housing itself, the law states that the housing is not subject to arrest if recognized as the only place of residence of the defaulter and his family. But at the same time, housing purchased by mortgage, in the presence of debt, it may well be arrested with subsequent sale to pay off the mortgage.

So, all your actions or inaction, in the end, led to the fact that a court decision was made to recover from you the amount of debt to the bank. What happens next. When the court decision comes into legal force, to be more precise, after 1 month from the date of the final production of the court decision, the plaintiff applies to the bailiff service with a statement to initiate enforcement proceedings.

The bailiff must, within three days, make a decision to initiate enforcement proceedings or refuse to initiate it.

This is the moment from which our ordeals begin with the bailiff service, whose tasks include monitoring the execution judgment... The requirements that are contained in the writ of execution and presented to the debtor must be fulfilled by the bailiff within 2 months from the date of initiation of the enforcement proceedings.

The widespread belief that evil bailiffs can come anytime, anywhere, and take away even the last crust of bread from poor Buratino, is absolutely not true. The bailiff is an official, and accordingly can only act within the framework of the law.

The work of bailiffs of executors is regulated by Federal Law N 229-FZ "On Enforcement Proceedings" and deviation to the right or left from the norm of the law entails unpleasant consequences for the bailiff, up to and including dismissal from his post.

We will talk in more detail about what actions can be performed against the debtor by the bailiff, and what are illegal.

Rules of notification of the visit, and the time at which the bailiff performer can come to your home.

According to the current legislation, before paying you a visit, the bailiff must notify you that enforcement proceedings have been initiated against you, as well as within what time frame you must pay off the outstanding debt to the creditor. If you refuse to pay the debt, or you do not have such an opportunity, then you will be notified exactly when and where the arrest of your property will take place. Arrest and seizure are carried out at the location, stay of your property. Failure to comply with this rule is fraught with litigation, only now the bailiff will already be the defendant in court.

P.S. You can appeal against the actions of the bailiff of the performer within ten days from the date of the commission, or not the commission, of any action. Art. 122 of the Law "On Enforcement Proceedings"

By sending you a notification about an upcoming visit, the bailiff is not obliged to track the fact of its receipt and reading, it will be enough to send you a notification that the letter has been delivered to the addressee. After notification of the visit, the bailiff has the right to come later than the agreed date.

The bailiff can come to your home from 6.00 am to 22.00 pm on weekdays and from 9.00 to 20.00 on weekends and holidays.

What property can a bailiff describe - The bailiffs cannot describe all the property in your home. The list of property not subject to seizure and seizure is stipulated in the Civil Procedure Code of the Russian Federation, Article 446.

What cannot be taken away from you?

So, according to this legal norm, they cannot confiscate housing from you, in the event that it is the only one and you have nowhere else to live, but this will not exclude the sale of your mansion with the provision of more modest housing to you in return.

• household items and your personal use, excluding jewelry and luxury items,
• food products and cash in the amount of the subsistence minimum for the debtor and persons who are dependent on him,
• property you need to carry out professional activities, except for property, assessed value which exceeds 10 minimum wages. The size of the minimum wage on this moment is 5,554 rubles, so if you are a videographer and your camera costs more, then it is subject to seizure.

In more detail: What can bailiffs seize for credit debts?
This list is not complete, for review complete list property on which foreclosure cannot be levied, refer to the above article of the Code of Civil Procedure.

Unfortunately, there is a clear gap in the law and the list only stipulates General requirements to the debtor's property, everything else remains on the conscience of the bailiff. So, for example, a washing machine, a computer and a cell phone will probably be classified as luxury goods and described, the same applies to personal items, for example, a fur coat made of natural fur.

If you live in the apartment of your parents, roommate, and so on, then the bailiffs will come to describe the property exactly at the place of your residence specified in the writ of execution. In order to protect the property of people close to you, you need to take care of the availability of documents confirming their ownership of a particular item in advance. Otherwise, the property, the owner of which is not found out, will also be arrested and subsequently seized. If it is not possible to provide such documents, then you have the right to challenge the actions of the bailiff in court, presenting other evidence of property ownership. Testimonials from friends and family will do.

Is it possible not to let the bailiffs into the house in the performance of their official duties?

Can. In three cases. Do not let the bailiff into the house -

1. If a visit to your home threatens the life and health of the bailiff. There is no need to hang an ax over the door.
2. If you have a court decision on the postponement of enforcement proceedings.
3. If you independently fulfill the requirements of enforcement proceedings.

Where can you appeal the actions of the bailiff.

1. to court,
2. to higher management,
3. to the prosecutor's office.

All these actions can be performed simultaneously without waiting for a response from one of the authorities.